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Madras High CourtCRL RC/383/2023withdrawn dismissed

Sivakumar v. State Rep By Its

2023-03-09Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2023

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Sivakumar

...Petitioner

Vs.

1.State rep. By its, The Inspector of Police, Vigilance and Anti Corruption, Salem, Salem District.

Crime No.10/AC/2020 ..Respondent Prayer:- Criminal Revision Petition filed under Section 397 r/w. 401 of Cr.P.C., calling for the records relating to the proceedings in Cr.M.P.No.90 of 2021 by the Special Judge, (Prevention of Corruption Act cases) Salem District dated 29.03.2021 in connection with the FIR in Crime No.10/AC/2020 on the file of the Inspector of Police, Vigilance and AntiCorruption, Salem, Salem District, set aside the same and pass an order to return the property to the petitioner.

For Petitioner : Mr.R.Muruga Bharathi For Respondents : Mr.N.S.Suganthan Government Advocate (Crl. Side)

O R D E R

This Criminal Revision Petition is filed calling for the records relating to the proceedings in Cr.M.P.No.90 of 2021 by the Special Judge, (Prevention of Corruption Act cases) Salem District dated 29.03.2021 in connection with the FIR in Crime No.10/AC/2020 on the file of the Inspector of Police, Vigilance and Anti-Corruption, Salem, Salem District, set aside the same and pass an order to return the property to the petitioner. 2.When the matter is taken up for hearing, the learned Government Advocate would submit that the investigation is still pending and the nature of the amount seized during the course of the investigation is not even concluded and it is pre-mature to decide on the same. 3.Mr.R.Muruga Bharathi, learned counsel appearing for the petitioner seeks permission to withdraw the revision with liberty to file a fresh revision, after filing of the charge sheet.

4.In view of the above, the Criminal Revision Petition is dismissed as withdrawn with liberty to file a fresh application, after filing of the charge sheet. No costs.

09.03.2023 kkn Internet : Yes/No Index: Yes/No Speaking / Non-speaking order Nuetral Citation :Yes/No

To 1.The Inspector of Police, Vigilance and Anti Corruption, Salem, Salem District.

2.The Special Judge, (Prevention of Corruption Act Cases) Salem District.

3.The Public Prosecutor High Court of Madras, Madras.

A.D.JAGADISH CHANDIRA, J.

KKN 09.03.2023